SUNIL SINHA Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against judgment dated 06.11.2007 passed by Additional Sessions Judge, Uttar Bastar Kanker, in Sessions Trial No. 92/2007. By the impugned judgment, accused/appellant Sunil Sinha has been convicted under Section 376(2)(f) of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay fine of Rs. 5000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year. Case of the prosecution, in brief, is as under:

(2.) In support of its case, the prosecution has examined Maheshwari Sinha (P.W.-1) - mother of prosecutrix, prosecutrix (P.W.-2), Soonaram (P.W.-3)-father of prosecutrix, Ramchandra (P.W.-4), Vimla Sinha (P.W.-5) - sister of the appellant, Parma Bai (P.W.-6), Constable Smt. Shasihikala Sahu (P.W.-7), Dr. Ranjana Gupta (P.W.-8), Dr. Vijay Usendi (P.W.-9) and Sub Inspector Madhuri Nayak (P.W.-10). The appellant did not examine any witness in his defense.

(3.) Ms. Nirupama Bajpai, learned counsel appearing for the appellant argued that the evidence of prosecutrix (P.W.-2) does not inspire confidence. The trial Court grossly erred in holding the appellant guilty for the offence punishable under Section 376 IPC. She further argued that the case of the prosecution is highly improbable.